Shoot him an email .... I just did. ;-D
Posted on 07/01/2008 8:40:11 AM PDT by Daffynition
You could call it the Atlanta version of "High Noon."
Top city officials will announce Tuesday that despite a new state gun law that went into effect at midnight, they will have anyone carrying a weapon at Hartsfield-Jackson International Airport arrested. The state lawmaker who sponsored the new gun law says if they do, the city will immediately be sued. And state Rep. Tim Bearden (R-Villa Rica) said the plaintiff in the lawsuit could be himself.
"I have a permit, and I have family I have to pick up at the airport tomorrow [Tuesday]," Bearden told The Atlanta Journal-Constitution on Monday. "I'll have one [a concealed weapon] with me at all times."
Airport General Manager Ben DeCosta said if Bearden shows up at the world's busiest airport with a gun, he'll be busted.
"I can identify him, and I'll have him arrested," DeCosta said Monday. "We're not fooling around. This is a post-terrorism environment."
The new law, which Bearden sponsored, permits licensed gun owners to carry concealed firearms in parks, on public transportation and in restaurants that serve liquor. The law takes effect Tuesday.
Firearms proponents hailed the law as a victory for the Second Amendment to the U.S. Constitution. They say law-abiding citizens with the appropriate permits should be allowed to carry firearms in formerly forbidden areas for self-protection.
Before the new law was passed, Georgia law banned guns from venues like public transportation and restaurants serving alcohol. More than 40 other states permit guns on public transportation, Bearden said, and 37 allow permit holders to carry weapons into restaurants.
"I was in law enforcement for 15 years," Bearden said as the bill awaited the governor's signature two months ago. "I never rode up on a shooting in progress. I don't like the idea of the police telling you, 'Get mugged, get raped, get murdered. We'll come by, take the report, or send flowers.' That's the wrong message."
Opponents, however, blasted the proposal, saying it has the potential to spark more violence than it stops. DeCosta wrote to Gov. Sonny Perdue asking him to veto the bill, and Mayor Shirley Franklin and MARTA officials publicly lambasted the idea. MARTA bus drivers gathered more than 1,000 signatures on petitions demanding bulletproof shields.
Federal law already bans guns past the security checkpoints at U.S. airports. The new state law, however, apparently would permit guns to be carried on the non-secure side of Hartsfield-Jackson by people who have gone through a background check and have been certified to carry a weapon. Licensed gun owners would be permitted to carry weapons on public transportation coming into the airport, its lobby and in restaurants outside the security checkpoints.
DeCosta said he will use the first day the new law takes effect to declare Hartsfield-Jackson a "gun-free" zone.
"We're going to make it clear that the law does not make any allowance for guns at the airport," DeCosta said. "Guns are not appropriate for any airport in Georgia."
He and Franklin plan a 10 a.m. news conference to discuss the new gun law.
Bearden said the new law clearly permits guns in some areas of the airport.
"They are not appropriate once you go past security," he said. "But in parking lots or restaurants or public transportation, they are OK."
The state lawmaker said the city does not have the authority to defy a state law, and if they make arrests they will end up in court.
DeCosta said city officials will not back down from their position on the new law and again vowed to have Bearden or anyone else carrying a gun on airport property arrested.
"He can then have all the NRA [National Rifle Association] lawyers say why it's OK for him to bring a gun to the airport," DeCosta said.
MARTA, meanwhile, released a statement late Monday noting that state law prohibits firearms on public transit unless the carrier has a valid license to carry a gun.
"This license must be carried at any time that an individual is carrying a firearm on MARTA," the statement said.
No, it is a state law issue.
I hope he does challenge the Airport and wins. It has been mismanaged by Atlanta politicians ever since it was built. The proverbial cash cow for kickbacks, nepotism, favoritism and just plain disdain for the traveling public.
Nah, state law issue, in particular one of pre-emption. Moronic city and airport officials believe that they can trump state law. Not a chance. If I were Mr. Bearden, I’d show up today, escorted by undercover Staties. Any local yokels tries to arrest me, the Staties should arrest THEM, along with that moronic airport manager. Charges would include false arrest, use of a firearm in the commission of a felony (if the local yokels are armed), violation of civil rights (state ones), and whatever else I could come up with.
The 9/11 attackers flew out of Boston, armed with box cutters. A lot of good those Massachusetts "gun control" laws did to prevent terrorism.
This is a case of a local jurisdiction trying to oppose a state law. The state law should prevail. Maybe the senator should request a Georgia State Trooper escort.
so there should be no problem unless you try to go through security, which would be stupid. there. problem solved.
Doesn’t the airport chief have the sole right to determine what laws he will or will not follow? /s
In Virginia it took a few years to end this issue.
First the state AG sent a letter to county councils and city managers explaining that they could not preempt state law.
When that didn't get through their thick skulls, the state legislature passed a bill stating the same thing in more direct and specific language, and specifically pertaining to firearms laws.
Now it's down to the Virginia Self Defense League, an activist group which regularly tests municipalities for their compliance, for example last year doing mass open carry in local (no booze) restaurants and even showing up at a city council meeting doing OC.
The laws and authority are clear, but you can't expect a Rat bureaucrat to immediately comply. Experience here is that it takes repeated spankings over several years.
That’s a pretty good idea.
I was thinking he might actually have to subject himself to arrest and then “let the lawsuits begin”; but I like your plan better.
it could still end up in scotus if appealed that far, in the case of the state supreme court ignoring the applicable law(s)
I can see this going before the courts and probably the airport chief will win. GA courts have a lot of liberals on the benches. This is a state law, so I do not think the SCOTUS will get involved.
We’ll be seeing all sorts of right-to-carry challenges. Stay tuned. ;-D
Minor correction. “Virginia Citizens Defense League” (VCDL).
And there is STILL an occasional city/county which persists in having illegal “No Guns” signs posted in various places.
It’s a never-ending battle.
There probably is not much chance of the GA supreme court siding with the airport...
but you never know.
Comrade Mayor Daley does it all the time in Chicago.
“Daley vows to fight for Chicago’s gun ban” Chicago Tribune
Exceedingly doubtful.
Pittsburgh Intl. Airport does this.
They have “No Firearms” signs everywhere. I was to pick up my inlaws and called to clarify, because of PA’s preemption laws (knowing they were unlawful in their restrictions).
You cannot attempt to carry a firearm beyond the security checkpoints into a sterile area... that’s it. However, everyone I spoke to in the Allegheny County PD (and I went right up the chain... I was bored) INSISTED that it is illegal and I would be arrested.
I pushed the issue and demanded to know under what statute I would be charged, since we have preemption. They couldn’t answer, just said, “Well, you will be arrested.”
Anyone want to own an international airport?
Yeah, that worked really well for Virginia Tech!
“Daley vows to fight for Chicago’s gun ban” Chicago Tribune
In time even Richie must bow his head and bend his knee to our glorious robed masters. /s
Bearden has reconsidered and will not carry to the airport today:
Due to copyright restrictions, can’t post directly from the site but the bottom line is he will let the situation play out in the courts where Georgia Carry has filed a lawsuit about the situation.
Thanks for the link. I like Bearden: “...I don’t like the idea of the police telling you, ‘Get mugged, get raped, get murdered. We’ll come by, take the report, or send flowers.’ That’s the wrong message.”
>>>>Minor correction. “Virginia Citizens Defense League” (VCDL).<<<
Thanks.
They do a great job, I know I should join.
Loved what they did at Falls Church City Hall and in Reston Town Center last year.
Actually, there is probably a good “violation of civil rights under color of law” claim, specifically substantive due process for knowingly enforcing a pre-empted law.
Airport General Manager Ben DeCosta said if Bearden shows up at the world's busiest airport with a gun, he'll be busted. "I can identify him, and I'll have him arrested," DeCosta said Monday. "We're not fooling around. This is a post-terrorism environment."Exactly you bonehead. As it IS a "post-terrorism environment" that's when Americans should be armed. "WE" are the 'militia'. "WE" are the cops when the cops aren't there to stop any Terrorist action we may see. "WE" can do a citizens arrest. "WE" are at War you asshat - and the war is here.
And if a terrorist IS successful and the cops are overwhelmed, without an armed citizenry we'd have Katrina style Looting/Chaos/Anarchy 103. (even in NYC on 9-11 looting occurred. some people are just scum)
Yes. They are very effective.
I joined a few years ago after VCDL led the charge on getting the Town of Culpeper’s illegal “No Guns” signs in the public park removed, and then helped us SOUNDLY put down an effort to pass a firearms discharge ban in Culpeper County.
I still open carry in that park now and again, for personal and family protection, but also, admittedly, to give certain particulary hostile Town government officials a “poke in the eye”.
You are making a logical and correct argument - it is also one that the airport manager will NEVER understand. He is a sheep in wolf’s clothing.
This guy freaking rocks!
"I was in law enforcement for 15 years," Bearden said as the bill awaited the governor's signature two months ago. "I never rode up on a shooting in progress. I don't like the idea of the police telling you, 'Get mugged, get raped, get murdered. We'll come by, take the report, or send flowers.' That's the wrong message."
Excellent! this guy needs to run for higher office. Like President!
ping
Libertarian ping! To be added or removed freepmail me or post a message here.
This makes me cackle with insane glee. It’s good to see the AJC with their panties in a wad over this.
So you have decided that you can make your own laws? Emmulating the New Orleans police during Katrina. Just blow of the laws created by your elected representatives. You better start job hunting now buddy.
You're almost right about one thing Ben. It's post terrorism "awareness" type of world, which means responsible citizens should be armed at all times. If you are responsible and wish to defend the innocent and yourself, you have no excuse for choosing not to equip yourself to meet the need.
Yep, and a State trooper should be on the scene to arrest DeCosta if he orders his local cops to violate citizens civil rights.
The local cops themselves should refuse to obey any illegal order by DeCosta.
That's especially true here in GA., The Atlanta metro area holds the majority of GA's residents and it is far more liberal overall than the rural and small town areas. Unfortunately the state judiciary is more in tune with Atlanta than with the rest of the state, so the arrogant half wits who run Atlanta will probably prevail in this matter until we can get the State Assembly to finish the job of improving the GA gun carry law by striking out the "public gathering" section.
That section reads,"For the purpose of this Code section, "public gathering" shall include,but shall not be limited to, athletic or sporting events, churches or church functions, political rallies or functions, publicly owned or operated buildings, or establishments at which alcoholic beverages are sold for consumption on the premises. Nothing in this Code section shall otherwise prohibit the carrying of a firearm in any other public place by a person licensed or permitted to carry such firearm by this part."
The wording gives a great deal of latitude to LEOs and judges to decide what constitutes a public gathering due to the phrase in bold type, so liberal judges have defined almost any group of more than 2 or 3 people as a gathering where guns are prohibited. I'm sure the Atlanta half wits are counting on judges to define the airport as a "public gathering" and uphold the city law. That section was one of the main faults of the law that GeorgiaCarry.org was complaining about and hoping to have removed, or at least have it's meaning defined once and for all. But for some reason I can't fathom the legislators wouldn't agree to make the needed change, although they did add language that in effect eliminated the ban on guns in restaurants that serve alcohol. Hopefully this airport showdown will motivate the Assembly to finish the job next year. The "public gathering" section needs to be stricken totally, because many types of public gatherings are among the places where a concealed firearm is most likely to be needed.
To those of us who have flown around enough and seen plenty of different airports, the scenario is the same.
Airport are the only place where people who shouldn’t be given ANY authority are allowed to act like little Nazis and get away with it.
You can bet they don’t push their weight around off the job.
He SHOULD win. This is the UNSECURED area. What about if you wanted to ship your guns, on vacation? Can’t fly out of Atlanta? Sieg Heil with a Smile!
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